Idaho Admin. Code r. 11.11.01.110 - DECERTIFICATION

01. Mandatory Decertification. The Council shall decertify any person for:

a. A conviction of any felony or offense which would be a felony if committed in Idaho;

b. A conviction for a misdemeanor offense involving domestic violence;

c. Willfully falsifying or omitting any material information to obtain certification;

d. Violating any provision of the Idaho Uniform Controlled Substances Act, Section 37-2701 et seq., Idaho Code, whether charged or not, or of a comparable statute of another state or country, if the violation occurred while employed as a law enforcement officer, in a prosecutorial position, or in a position of public safety, regardless of when the illegal use occurred.

02. Discretionary Decertification. The Council may decertify any person for:

a. A conviction of any misdemeanor;

b. A violation of the Council's Code of Ethics;

c. Criminal conduct whether charged or not;

d. Consuming alcoholic beverages on duty, except as necessary for the lawful performance of duties;

e. Harassment or intimidation;

f. Lying or falsifying official written or verbal communications;

g. Inappropriate sexual conduct while on duty;

h. An inappropriate relationship, sexual or otherwise, with a person who the officer knows or should have known is a victim, witness, defendant, or informant in an ongoing investigation or adjudication;

i. Unauthorized use or unlawful conversion of the employing agency's property, equipment, or funds;

j. Intentional and unauthorized disclosure of confidential information or information that may compromise an official investigation;

k. Failure to report being charged with a felony or misdemeanor within five (5) business days;

l. Failure to respond or to respond truthfully to questions related to an investigation or legal proceeding.

03. Required Notifications by Officers and Agencies.

a. An officer charged with a felony or a misdemeanor shall notify his agency head within five (5) business days.

b. The agency head of an officer charged with a felony or misdemeanor shall notify the Division Administrator within fourteen (14) days of learning of the charge.

c. A person who is not currently employed by a law enforcement agency but is certified by POST shall notify POST of a misdemeanor or felony charge within fourteen (14) business days.

04. Effect of Decertification.

a. A person decertified by the Council is ineligible for POST certification of any kind for ten (10) years following the date of decertification. After the expiration of ten (10) years an agency head may petition the Council to allow a decertified officer to attend a basic academy and become certified.

b. No decertified person shall exercise any law enforcement authority until recertified. Any officer who is the subject of a decertification investigation is ineligible for any additional POST certification while under investigation.

c. Voluntary resignation or relinquishment of certification(s) has the same full force and effect as decertification in a contested case.

Notes

Idaho Admin. Code r. 11.11.01.110

Effective March 31, 2022